Judgment_paragraph 23 · Commission of the European Communities v Council of the European Union (C-110/02)

23Moreover, the third subparagraph of Article 11(2) of Regulation No 659/1999, which allows the possibility of authorising the Member State to accompany repayment of the illegal aid with an aid to rescue the undertaking concerned, also confirms that it is possible to adopt divergent decisions concerning State aids granted successively to the same operators. The same applies to Community case-law, which, the Council argues, has implicitly acknowledged that the Commission may make the payment of new aid declared compatible with the common market subject to the recovery of earlier aid declared incompatible (Joined Cases T-244/93 and T-486/93 TWD v Commission [1995] ECR II-2265; Case C-355/95 P TWD v Commission [1997] ECR I-2549).